NY State Senate Bill 2017-S4486

Senate Bill S4486

2017-2018 Legislative Session

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to local government
May 22, 2017	print number 4486a
May 22, 2017	amend and recommit to local government
Feb 15, 2017	referred to local government

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4486 - Details

See Assembly Version of this Bill:: A6132
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4924
2013-2014: S1427
2015-2016: S3248

2017-S4486 - Summary

Requires school districts to purchase food products that are grown, produced, harvested or processed in New York state; allows waiver if price of such local food products is not reasonably competitive; allows waiver if such food products are not available in sufficient quantity.

2017-S4486 - Sponsor Memo

                                 BILL NUMBER:  S4486

 TITLE OF BILL :  An act to amend the general municipal law, in
relation to requiring school districts to purchase food products that
are grown, produced, harvested or processed in New York state

 PURPOSE :

The purpose is to promote and support the sale of agricultural
products grown and food products processed within New York State by
requiring that school districts give preference to products grown,
produced, or harvested in New York.

 SUMMARY OF PROVISIONS :

Amends Subdivision 9 of section 103 of the general municipal law to
require that school districts, when purchasing food products, give
preference to products grown, produced or harvested in New York State.
It further requires that preference be given to foods processed in
facilities located in New York.

The purchasing requirement shall be waived if the cost of the food
product is not reasonably competitive or does not exceed a cost
premium of ten percent above the cost of comparable out of-state
products. An exception to the purchasing requirement is also given if
food products are not available in sufficient quantity for purchasing.

 JUSTIFICATION :

New York growers and food manufacturers are proud to provide a rich
and diverse array of quality products such as locally grown produce,
syrups and sauces, cheese, honey, meats, pasta and baked goods - fresh
and processed products that never go out of season.

The New York State Pride of New York program was developed to promote
and support the sale of agricultural products grown and food products
processed within New York State. The Program's growing membership now
includes farmers and processors, retailers, distributors, restaurants
and related culinary and support associations all working together to
bring you wholesome, quality Hew York State products.

In keeping with USDA standards for healthy eating, school districts
throughout the State are being challenged to identify new and cost
effective ways to provide students with the nutrition they need to
lead healthy lives. By requiring schools to procure locally or within
the state, they will be accomplishing two important and necessary
tasks:  (1) helping to ensure that young people have well-balanced,
healthy diets with access to farm-fresh produce and (2) contributing
to the local and statewide economy thereby supporting New York's
number one industry, which is agriculture.

 LEGISLATIVE HISTORY :

2011-2012: S.4924-A - Died in Committee;
2013-2014: S.1427-A Died in Committee; S 1427-A.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to the academic
school year commencing on or after July 1, 2017.

2017-S4486 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4486
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced by Sens. MONTGOMERY, LATIMER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 AN  ACT  to  amend  the  general municipal law, in relation to requiring
   school districts to purchase food products that are  grown,  produced,
   harvested or processed in New York state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 9 of section 103 of the general municipal  law,
 as  amended  by  chapter  269  of the laws of 2004, and paragraph (a) as
 amended by chapter 62 of the  laws  of  2016,  is  amended  to  read  as
 follows:
   9.  Notwithstanding  the  foregoing  provisions of this section to the
 contrary, a board of education [may] SHALL,  on  behalf  of  its  school
 district,  [separately  purchase  eggs,  livestock, fish, dairy products
 (excluding milk), juice, grains, and species of fresh fruit and  vegeta-
 bles  directly from New York State producers or growers, or associations
 of producers and growers] REQUIRE THAT ESSENTIAL COMPONENTS OF ALL  FOOD
 PRODUCTS PURCHASED ARE GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR
 THAT  ANY  PROCESSING  OF  SUCH  FOOD  PRODUCTS TAKE PLACE IN FACILITIES
 LOCATED WITHIN NEW YORK STATE, provided that:
   (a) (i) such association of producers  or  growers  THAT  PRODUCES  OR
 GROWS  EGGS,  LIVESTOCK,  FISH,  DAIRY PRODUCTS (EXCLUDING MILK), JUICE,
 GRAINS, AND SPECIES OF FRESH FRUIT AND VEGETABLES, is comprised  of  ten
 or  fewer  owners  of  farms  who  also  operate such farms and who have
 combined to fill the order of a school district  as  herein  authorized,
 provided  however,  that a school district may apply to the commissioner
 of education for permission to purchase from an association of more than
 ten owners of such farms when no other producers or growers have offered
 to sell to such school; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07918-02-7

 S. 4486                             2
 
   (ii) such association of producers or growers THAT PRODUCES  OR  GROWS
 EGGS,  LIVESTOCK,  FISH, DAIRY PRODUCTS (EXCLUDING MILK), JUICE, GRAINS,
 AND SPECIES OF FRESH FRUIT AND VEGETABLES, is  comprised  of  owners  of
 farms who also operate such farms and have combined to fill the order of
 a  school  district,  and  where  such order is for twenty-five thousand
 dollars or less as herein authorized, provided however,  that  a  school
 district  may  apply  to the commissioner of education for permission to
 purchase orders of more than twenty-five thousand dollars from an  asso-
 ciation  of owners of such farms when no other producers or growers have
 offered to sell to such school;
   (b) [the amount that may be expended  by  a  school  district  in  any
 fiscal year for such purchases shall not exceed an amount equal to twen-
 ty  cents  multiplied  by  the  total  number of days in the school year
 multiplied by the total enrollment of such school district;
   (c)] UPON DETERMINATION BY A BOARD OF EDUCATION THAT THE COST OF  SUCH
 FOOD  PRODUCTS IS NOT REASONABLY COMPETITIVE, THE SPECIFICATIONS REQUIR-
 ING SUCH PURCHASE SHALL BE WAIVED FOR THAT SPECIFIC FOOD  PRODUCT  UNTIL
 THE NEXT CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR BID. FOR PURPOSES
 OF THIS SUBDIVISION "REASONABLY COMPETITIVE" SHALL MEAN THAT THE COST OF
 THE  NEW YORK STATE GROWN, PRODUCED, HARVESTED OR PROCESSED FOOD PRODUCT
 DOES NOT EXCEED A COST PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPA-
 RABLE PRODUCT THAT IS NOT GROWN, PRODUCED, HARVESTED OR PROCESSED IN NEW
 YORK STATE.
   (C) UPON DETERMINATION BY A BOARD OF EDUCATION THAT SUCH FOOD PRODUCTS
 ARE NOT AVAILABLE IN SUFFICIENT QUANTITY FOR PURCHASING, THE  SPECIFICA-
 TIONS  REQUIRING  SUCH  PURCHASE  SHALL BE WAIVED FOR THAT SPECIFIC FOOD
 PRODUCT UNTIL THE NEXT CONTRACT FOR SUCH FOOD PRODUCT  IS  LET  OUT  FOR
 BID.
   (D)  all  such purchases shall be administered pursuant to regulations
 promulgated by the commissioner of education. Such regulations shall: be
 developed in consultation  with  the  commissioner  of  agriculture  and
 markets  to accommodate and promote the provisions of the farm-to-school
 program established pursuant to  subdivision  five-b  of  [the]  section
 sixteen of the agriculture and markets law and subdivision thirty-one of
 section  three hundred five of the education law as added by chapter two
 of the laws of two thousand [two] ONE; ensure that the prices paid by  a
 district for any items so purchased do not exceed the prices of compara-
 ble  local  farm  products that are available to districts through their
 usual purchases of such items; ensure that all producers and growers who
 desire to sell to school districts can  readily  access  information  in
 accordance  with  the  farm-to-school  law; include provisions for situ-
 ations when more than one producer or grower  seeks  to  sell  the  same
 product  to a district to ensure that all such producers or growers have
 an equitable opportunity to do so in  a  manner  similar  to  the  usual
 purchasing  practices of such districts; develop guidelines for approval
 of purchases of items from associations of more  than  ten  growers  and
 producers;  and,  to the maximum extent practicable, minimize additional
 paperwork, recordkeeping and other similar requirements on both  growers
 and producers and school districts.
   §  2.  This  act  shall take effect immediately and shall apply to the
 academic school year commencing on or after July 1, 2017; provided that,
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date is authorized and directed to be  made  and  completed  on  or
 before such effective date.

co-Sponsors

2017-S4486A (ACTIVE) - Details

See Assembly Version of this Bill:: A6132
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4924
2013-2014: S1427
2015-2016: S3248

2017-S4486A (ACTIVE) - Summary

2017-S4486A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4486A

 TITLE OF BILL :

An act to amend the general municipal law, in relation to requiring
school districts to purchase food products that are grown, produced,
harvested or processed in New York state

 PURPOSE

The purpose is to promote and support the sale of agricultural
products grown and food products processed within New York State by
requiring that school districts give preference to products grown,
produced, or harvested in New York.

 SUMMARY OF PROVISIONS :

Amends Subdivision 9 of section 103 of the general municipal law to
require that school districts, when purchasing food products, give
preference to products grown, produced or harvested in New York State.
It further requires that preference be given to foods processed in
facilities located in New York.

The purchasing requirement shall be waived if the cost of the food
product is not reasonably competitive or does not exceed a cost
premium of ten percent above the cost of comparable out of-state

products. An exception to the purchasing requirement is also given if
food products are not available in sufficient quantity for purchasing.

 JUSTIFICATION

New York growers and food manufacturers are proud to provide a rich
and diverse array of quality products such as locally grown produce,
syrups and sauces, cheese, honey, meats, pasta and baked goods - fresh
and processed products that never go out of season.

The New York State Pride of New York program was developed to promote
and support the sale of agricultural products grown and food products
processed within New York State. The Program's growing membership now
includes farmers and processors, retailers, distributors, restaurants
and related culinary and support associations all working together to
bring you wholesome, quality New York State products.

In keeping with USDA standards for healthy eating, school districts
throughout the State are being challenged to identify new and cost
effective ways to provide students with the nutrition they need to
lead healthy lives. By requiring schools to procure locally or within
the state, they will be accomplishing two important and necessary
tasks: (1) helping to ensure that young people have well-balanced,
healthy diets with access to farm-fresh produce and (2) contributing
to the local and statewide economy thereby supporting New York's
number one industry, which is agriculture.

 LEGISLATIVE HISTORY :

2011-2012: S.4924-A - Died in Committee;
2013-2014: S.1427-A Died in Committee; S 1427-A.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to the academic
school year commencing on or after July 1, 2017.

2017-S4486A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4486--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  KENNEDY,  LATIMER  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Local  Government  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general municipal  law,  in  relation  to  requiring
   school  districts  to purchase food products that are grown, produced,
   harvested or processed in New York state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 9 of section 103 of the general municipal law,
 as amended by chapter 269 of the laws of 2004, paragraph (a) as  amended
 by  chapter  62  of the laws of 2016, and subparagraph (ii) of paragraph
 (a) as amended by section 39 of part YYY of chapter 59 of  the  laws  of
 2017, is amended to read as follows:
   9.  Notwithstanding  the  foregoing  provisions of this section to the
 contrary, a board of education [may] SHALL,  on  behalf  of  its  school
 district,  [separately  purchase  eggs,  livestock, fish, dairy products
 (excluding milk), juice, grains, and species of fresh fruit and  vegeta-
 bles  directly from New York State producers or growers, or associations
 of producers and growers] REQUIRE THAT ESSENTIAL COMPONENTS OF ALL  FOOD
 PRODUCTS PURCHASED ARE GROWN, PRODUCED OR HARVESTED IN NEW YORK STATE OR
 THAT  ANY  PROCESSING  OF  SUCH  FOOD  PRODUCTS TAKE PLACE IN FACILITIES
 LOCATED WITHIN NEW YORK STATE, provided that:
   (a) (i) [such] A BOARD OF EDUCATION MAY ONLY  PURCHASE  FOOD  PRODUCTS
 FROM AN association of producers or growers THAT PRODUCES OR GROWS EGGS,
 LIVESTOCK,  FISH,  DAIRY  PRODUCTS  (EXCLUDING MILK), JUICE, GRAINS, AND
 SPECIES OF FRESH FRUIT AND VEGETABLES, is  comprised  of  ten  or  fewer
 owners  of  farms  who  also operate such farms and who have combined to
 fill the order of a  school  district  as  herein  authorized,  provided
 however,  that a school district may apply to the commissioner of educa-
 tion for permission to purchase from an association  of  more  than  ten
 owners  of such farms when no other producers or growers have offered to
 sell to such school; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07918-03-7

 S. 4486--A                          2
 
   (ii) [such] A BOARD OF EDUCATION MAY ONLY PURCHASE FOOD PRODUCTS  FROM
 AN  association  of  producers  or  growers THAT PRODUCES OR GROWS EGGS,
 LIVESTOCK, FISH, DAIRY PRODUCTS (EXCLUDING  MILK),  JUICE,  GRAINS,  AND
 SPECIES  OF  FRESH FRUIT AND VEGETABLES, is comprised of owners of farms
 who  also  operate  such  farms and have combined to fill the order of a
 school district, and where such order is for fifty thousand  dollars  or
 less  as herein authorized, provided however, that a school district may
 apply to the commissioner of education for permission to purchase orders
 of more than fifty thousand dollars from an  association  of  owners  of
 such  farms  when  no other producers or growers have offered to sell to
 such school;
   (b) [the amount that may be expended  by  a  school  district  in  any
 fiscal year for such purchases shall not exceed an amount equal to twen-
 ty  cents  multiplied  by  the  total  number of days in the school year
 multiplied by the total enrollment of such school district;
   (c)] UPON DETERMINATION BY A BOARD OF EDUCATION THAT THE COST OF  SUCH
 FOOD  PRODUCTS IS NOT REASONABLY COMPETITIVE, THE SPECIFICATIONS REQUIR-
 ING SUCH PURCHASE SHALL BE WAIVED FOR THAT SPECIFIC FOOD  PRODUCT  UNTIL
 THE NEXT CONTRACT FOR SUCH FOOD PRODUCT IS LET OUT FOR BID. FOR PURPOSES
 OF THIS SUBDIVISION "REASONABLY COMPETITIVE" SHALL MEAN THAT THE COST OF
 THE  NEW YORK STATE GROWN, PRODUCED, HARVESTED OR PROCESSED FOOD PRODUCT
 DOES NOT EXCEED A COST PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPA-
 RABLE PRODUCT THAT IS NOT GROWN, PRODUCED, HARVESTED OR PROCESSED IN NEW
 YORK STATE.
   (C) UPON DETERMINATION BY A BOARD OF EDUCATION THAT SUCH FOOD PRODUCTS
 ARE NOT AVAILABLE IN SUFFICIENT QUANTITY FOR PURCHASING, THE  SPECIFICA-
 TIONS  REQUIRING  SUCH  PURCHASE  SHALL BE WAIVED FOR THAT SPECIFIC FOOD
 PRODUCT UNTIL THE NEXT CONTRACT FOR SUCH FOOD PRODUCT  IS  LET  OUT  FOR
 BID.
   (D)  all  such purchases shall be administered pursuant to regulations
 promulgated by the commissioner of education. Such regulations shall: be
 developed in consultation  with  the  commissioner  of  agriculture  and
 markets  to accommodate and promote the provisions of the farm-to-school
 program established pursuant to  subdivision  five-b  of  [the]  section
 sixteen of the agriculture and markets law and subdivision thirty-one of
 section  three hundred five of the education law as added by chapter two
 of the laws of two thousand [two] ONE; ensure that the prices paid by  a
 district for any items so purchased do not exceed the prices of compara-
 ble  local  farm  products that are available to districts through their
 usual purchases of such items; ensure that all producers and growers who
 desire to sell to school districts can  readily  access  information  in
 accordance  with  the  farm-to-school  law; include provisions for situ-
 ations when more than one producer or grower  seeks  to  sell  the  same
 product  to a district to ensure that all such producers or growers have
 an equitable opportunity to do so in  a  manner  similar  to  the  usual
 purchasing  practices of such districts; develop guidelines for approval
 of purchases of items from associations of more  than  ten  growers  and
 producers;  and,  to the maximum extent practicable, minimize additional
 paperwork, recordkeeping and other similar requirements on both  growers
 and producers and school districts.
   §  2.  This  act  shall take effect immediately and shall apply to the
 academic school year commencing on or after July 1, 2017; provided that,
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.

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Senate Bill S4486

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

Timothy M. Kennedy

George Latimer

2017-S4486 - Details

2017-S4486 - Summary

2017-S4486 - Sponsor Memo

2017-S4486 - Bill Text download pdf

co-Sponsors

Tony Avella

Timothy M. Kennedy

2017-S4486A (ACTIVE) - Details

2017-S4486A (ACTIVE) - Summary

2017-S4486A (ACTIVE) - Sponsor Memo

2017-S4486A (ACTIVE) - Bill Text download pdf

Comments